The applicant mortgagee sought an order setting aside a purported tenancy agreement after obtaining default judgment and a writ of possession against the mortgagors.
On the scheduled eviction date, the occupants produced a lease that the court found to be fabricated, noting numerous discrepancies including forged signatures and dates predating the mortgagors' ownership.
The court declared the occupants to be occupants rather than tenants, set aside the purported lease under section 52 of the Mortgages Act, and ordered vacant possession within 30 days.
